Gujarat high court. (File image)
AHMEDABAD: In an important order, the Gujarat high court has reduced punishment imposed on a retired cop for an incident of a prisoner’s escape from custody with observation that there should be a parity in punishment, for others held responsible were let off with minor penalty.
Then PSI in Anand district, Anopsinh Bhagora’s 100% pension was deducted as his punishment for his involvement in a prisoner’s escape. In September 2012, a murder accused Jigar Patel escaped from a hospital during his treatment from under a police escort. Bhagora was head of the escort team.
An inquiry was initiated and Bhagora was transferred to Surendranagar district, where he retired in December 2013. After the inquiry, members of the escort team were punished in 2015. Bhagora’s 100% pension was stopped. Other members of the team were imposed minor penalty. One increment was stopped for six months for a head constable Ghanshyam Popatbhai. A Lok Rakshak Yogesh Arvindbhai got a cut of one basic pay. Another Lok Rakshak Virambhai Sarabhai was dismissed, but later was let off with Rs 5,000 fine.
Bhagora approached the high court and challenged the relatively harsh punishment as compared to other escort team members. After hearing his case, Justice A Y Kogje did not find any fault with the inquiry conducted by the police department because it was revealed that Bhagora’s certain gestures could not be explained.
But, “the court deems it judicious to consider the case of the petitioner on the ground of parity with other delinquent,” the judge said and the “harsh” punishment inflicted of 100% withdrawal of Bhagora’s pension was modified. The HC reduced the deduction to 25% and ordered that looking at Bhagora’s long unblemished career, he should be given the pension.
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